What Is an Illinois Collaborative Divorce?

 Posted on July 31, 2021 in Uncontested Divorce

When people think of a couple going through a divorce, it is not uncommon for them to imagine the two spouses bitterly fighting over custody of their children, the family home, bank accounts, and all the other items in the marital estate. While that may have historically been the scenario for many divorces, the past few years have seen a change in how some couples approach ending their marriage. Instead of a knock-down, drag-out court battle, they are turning to a collaborative approach, focusing on an amicable and negotiated divorce. If you and your spouse have decided to divorce, a Yorkville, IL divorce lawyer can explain how a collaborative divorce may benefit you.

How Does a Collaborative Divorce Work?

A collaborative divorce is centered on using a dispute-resolution process where the couple, along with their attorneys, work together and negotiate in a cooperative manner – rather than an adversarial one – in order to come up with an equitable divorce settlement. The goal is to avoid going to court and having a traditional divorce trial where a judge decides how issues like child custody, spousal support, marital assets, and marital debts will be addressed.

One of the benefits of collaborative divorce over a traditional divorce is the couple has more control over the decisions that will affect their family’s life. Cost and time are also benefits since collaborative divorce is usually less expensive and often quicker than traditional divorce because there is no need for interrogatories, depositions, and hearings.

When a couple decides on a collaborative divorce, they each have their own attorneys. The parties must sign a participation agreement, which is a legally binding contract that states they are committed to resolving their issues and reaching a divorce agreement by utilizing the guidelines and principles of the collaborative process. Also included in this contract is a stipulation that if the process does not work and they end up having to litigate the divorce, neither spouse’s attorney will be involved any longer and they will each need to hire new attorneys.

Depending on the couple’s situation, they may also have other professionals besides their attorneys as part of the process. These may include a financial specialist, parenting specialist, or a divorce coach. The couple will meet with their attorneys and the appropriate specialist periodically to have discussions in a non-adversarial manner. Unlike traditional divorce negotiations, which focus on legal positions, the discussions that take place in the collaborative process focuses on the couple’s individual interests and needs.

Once a final agreement on issues is reached, the attorneys will draw up the legal documents specifying the details. These documents are then presented to the court, where they will be signed by a judge and entered as the final divorce judgment.

Contact a Kane County Family Lawyer

If you think a collaborative divorce may be the right choice for you, a dedicated Aurora, IL collaborative divorce attorney can evaluate your situation and discuss your legal options. Call the Law Office of Matthew M. Williams, P.C. today at 630-409-8184 to schedule a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59